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PRAIRIE STATES LIFE INS. CO. v. U.S.

Civ. No. 83-5100.

639 F.Supp. 764 (1985)

PRAIRIE STATES LIFE INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, W.D.

May 17, 1985.

Attorney(s) appearing for the Case

Donald R. Shultz of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, S.D. for plaintiff.

Nancy Morgan and Frank Gokey, Tax Div., Dept. of Justice, Washington, D.C., David R. Brennan, Minneapolis, Minn., for the U.S.

MEMORANDUM OPINION

BOGUE, Chief Judge.

FACTS

This is an action for the recovery of taxes paid by a life insurance company. The Plaintiff, Prairie States Life Insurance Company (Prairie States), is a stock life insurance company, which sold several different types of participating life insurance policies, which gave policyholders the right to receive dividends,1 although the contract language which provided for the payment...

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